BOA went in my home and completely gutted it, I am still on deed and own property

Down_with_Suntrust

LoanSafe Member
Jan 23, 2010
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0
1
I do my random checks on my property , which BOA owns the mortgage.
Have not made a payment in 20 months. House has never had a sale date.

I spent 30,000 on a basement renovation about 5 years ago, and i walk into the home and the entire basement is gutted.

The bath is gone, flooring , drywall , fixtures and all. the only thing that remains is the studs.

upstairs all carpeting is removed from entire home , and electric is on under BOA.

The house is not secure, two doors have been kicked in , and the ac was on max.

What gives them the authority to gut my house, I am still the owner, and im not in foreclosure.(no sale date)

Do I need an attorney to move forward on them?
PS I also got a check from rust consulting for 411 dollars.
 
Last edited:

Cat Damiano

Mortgage Wars
Sep 10, 2007
10,541
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48
Colorado
www.loansafe.org
I do my random checks on my property , which BOA owns the mortgage.

I spent 30,000 on a basement renovation about 5 years ago, and i walk into the home and the entire basement is gutted.

The bath is gone, flooring , drywall , fixtures and all. the only thing that remains is the studs.

upstairs all carpeting is removed from entire home , and electric is on under BOA.

The house is not secure, two doors have been kicked in , and the ac was on max.

What gives them the authority to gut my house, I am still the owner, and im not in foreclosure.

Do i need an attourney to move forward on them?
PS I also got a check from rust consulting for 411 dollars.
A lender would not gut the property even if they were to secure the property. This sounds like you need to get the police involved and that you were robbed by someone. Hopefully a neighbor saw or heard something, but I would suggest that you have the police fill out an incident report for robbery.
 

Down_with_Suntrust

LoanSafe Member
Jan 23, 2010
26
0
1
Not robbed. why would robbers take all the old dirty carpeting, all copper pipes are still there, not vandalizim.

BOA is paying for electric there , so they are my top suspect.
my latest mortgage statement bills me for a sump pump, but there was 6 inches of water in basement today. I am calling police now.
 

Cat Damiano

Mortgage Wars
Sep 10, 2007
10,541
39
48
Colorado
www.loansafe.org
Not robbed. why would robbers take all the old dirty carpeting, all copper pipes are still there, not vandalizim.

BOA is paying for electric there , so they are my top suspect.
my latest mortgage statement bills me for a sump pump, but there was 6 inches of water in basement today. I am calling police now.
The police should be able to investigate and get to the bottom of what happened and also speak to the lender if you let them know that the lender is paying for utilities. Please keep us posted on what you are able to find out.
 

Down_with_Suntrust

LoanSafe Member
Jan 23, 2010
26
0
1
update:
went to property, had police verify the break in, made a police report. There was copper piping removed recently, this is why there was alot of water in the basement. Te house always had issues with drainage in the basement, so apparently BOA did gut the basement without my knowledge or consent, this was verified by neighbor, the bank came in with a dumpster and gutted it. The bank has not given me a sale date yet, but continues to send me a statement every month with charges for lawn cutting , and most recently a sump pump. The copper was easy pickings with drywall removed and vandals took those.

My bankruptcy was discharged December 5th 2012, and BOA refuses to let me quit claim the title, they wont forclose , and they will not issue a sale date, I have been in pre foreclosure since November 2011.

There is a sticker on door saying the property is being monitored for BOA by a third party firm. I called BOA and said if they wont foreclose im moving back in, they said go ahead.

real question is who will my homeowners pay out , me or BOA , and why wont they foreclose after almost two years, im starting to think the check from rust consulting means they goofed somewhere and can't foreclose...... any ideas?
 

pennygram

working for consumers
Sep 29, 2010
583
88
28
update:
went to property, had police verify the break in, made a police report. There was copper piping removed recently, this is why there was alot of water in the basement. Te house always had issues with drainage in the basement, so apparently BOA did gut the basement without my knowledge or consent, this was verified by neighbor, the bank came in with a dumpster and gutted it. The bank has not given me a sale date yet, but continues to send me a statement every month with charges for lawn cutting , and most recently a sump pump. The copper was easy pickings with drywall removed and vandals took those.

My bankruptcy was discharged December 5th 2012, and BOA refuses to let me quit claim the title, they wont forclose , and they will not issue a sale date, I have been in pre foreclosure since November 2011.

There is a sticker on door saying the property is being monitored for BOA by a third party firm. I called BOA and said if they wont foreclose im moving back in, they said go ahead.

real question is who will my homeowners pay out , me or BOA , and why wont they foreclose after almost two years, im starting to think the check from rust consulting means they goofed somewhere and can't foreclose...... any ideas?
Bad position to be in.... maybe send a letter to BofA and any attorney that had represented BofA and tell them that it seems that they have taken the property without following the foreclosure in your state and that you have not done any deed in lui. After checking the records you are still shown as owner of the property and therefore you are demanding that they no longer enter the property and that they return the property to it's renovated condition prior to the damage they have caused. Because the property is still in your name you are being charged for taxes, insurance and are responsible for the property and do not want any unauthorized persons on the property due to liability issues. At this time you beleive they have trespassed and have convered the property which is against the law.

Just because people file bk 7 and discharge the debt does not mean mortgage companies can just enter the property unless they beleive it has been abandoned and are securing the property - changing the locks and such. However to just go in and renovate without acquiring the property back in their name is entirely different and you could be held liabile for failure to obtain permits, any accidents that happen on the property, all taxes and fees, etc...

As long as the property is in your name you could be held liable. Beware....
 

TomEason

LoanSafe Guide
Jun 18, 2009
12,390
85
48
SF Bay Area CA
Down_with_Suntrust

update: went to property, had police verify the break in, made a police report. There was copper piping removed recently, this is why there was alot of water in the basement. Te house always had issues with drainage in the basement, so apparently BOA did gut the basement without my knowledge or consent, this was verified by neighbor, the bank came in with a dumpster and gutted it. The bank has not given me a sale date yet, but continues to send me a statement every month with charges for lawn cutting , and most recently a sump pump. The copper was easy pickings with drywall removed and vandals took those. My bankruptcy was discharged December 5th 2012, and BOA refuses to let me quit claim the title, they wont forclose , and they will not issue a sale date, I have been in pre foreclosure since November 2011. There is a sticker on door saying the property is being monitored for BOA by a third party firm. I called BOA and said if they wont foreclose im moving back in, they said go ahead. real question is who will my homeowners pay out , me or BOA , and why wont they foreclose after almost two years, im starting to think the check from rust consulting means they goofed somewhere and can't foreclose...... any ideas?
Thanks for your posts. I'm very sorry to hear this has occurred. In answer to your question about the payment of the insurance claim, I recommend you contact your carrier / agent and demand the claims check be sent to you. If that claims check is made payable to both you and BOA (likely), if it were me, I'd simply endorse it like this: For Deposit Only, Bank of America and your name beneath the bank's Then simply deposit the check to your account. I wouldn't send the check to the bank for their endorsement. This has worked for me.
 

Down_with_Suntrust

LoanSafe Member
Jan 23, 2010
26
0
1
Police came and took a report for break in and the missing copper piping. calling the insurance company today and giving them the police report #.
Been on the phone with BOA today , and what a joke, no one knows anything so far, been on phone for an hour.

The house is located in Maryland, is there any specific things I need to do next? I already videotaped the damage.
I have a feeling telling boa to return property to way it was will go over like a lead balloon.
 

Down_with_Suntrust

LoanSafe Member
Jan 23, 2010
26
0
1
Called safeguard, 1-800-852-8306, they are agent hired by boa, they said they removed drywall due to flooding, I said no shit vandals stole the pressurized water pipes, they are escalating this to their supers as we speak.

I told them untill further notice they are to stand down, not enter property, or risk legal action. I also stated if Im in property and they attempt to enter I will defend my home and well being with force.

next call is to my homeowners, but not sure how they will react to the news.
 

Jeffrey L. Shurtliff

LoanSafe Member
Dec 4, 2010
3,823
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Called safeguard, 1-800-852-8306, they are agent hired by boa, they said they removed drywall due to flooding, I said no shit vandals stole the pressurized water pipes, they are escalating this to their supers as we speak.

I told them untill further notice they are to stand down, not enter property, or risk legal action. I also stated if Im in property and they attempt to enter I will defend my home and well being with force.

next call is to my homeowners, but not sure how they will react to the news.
You need to put up a No Trespass sign.